Te Ture Whenua Maori Act 1993
Maori Land Act 1993

Distribution of estates

108 Disposition by will

(1)

Except as provided by subsections (2) and (3), no owner of any beneficial interest in any Maori freehold land has the capacity to dispose of that interest by will.

(2)

An owner of a beneficial interest in Maori freehold land may leave that interest by will to any person who belongs to any 1 or more of the following classes:

(a)

children and remoter issue of the testator:

(b)

any other persons who would be entitled under section 109(1) to succeed to the interest if the testator died intestate:

(c)

any other persons who are related by blood to the testator and are members of the hapu associated with the land:

(d)

other owners of the land who are members of the hapu associated with the land:

(e)

whangai of the testator:

(f)

trustees of persons referred to in any of paragraphs (a) to (e).

(2A)

A person in whom an occupation order has been vested may leave the occupation order by will to any 1 or more persons who come within subsection (2).

(2B)

A person is entitled to succeed to an occupation order by will—

(a)

if the person owns a beneficial interest in the land to which the occupation order applies; and

(b)

if the court is satisfied, in the circumstances, that the extent of the person’s beneficial interest in the land justifies that person succeeding to the occupation order.

(2C)

An occupation order that passes by will is cancelled automatically on the date of expiry or termination of the occupation order.

(3)

Subsection (2)(e) shall have effect notwithstanding anything in section 19 of the Adoption Act 1955.

(4)

Any owner of a beneficial interest in Maori freehold land may by will leave that interest to the owner’s spouse, civil union partner, or de facto partner for life or for any shorter period.

(5)

Any provision in a will purporting to leave a beneficial interest in Maori freehold land to any person otherwise than in accordance with subsection (2) or subsection (4) shall be void and of no effect; and that interest shall, unless disposed of in accordance with either of those subsections by some other provision of the will, pass to the persons entitled on intestacy.

(6)

Where any beneficial interest in Maori freehold land is left by will to any trustee, the trustee shall not have power under the will or under any Act to sell the interest; and any provision in the will purporting to confer such power shall be void and of no effect.

Section 108(2A): inserted, on 1 July 2002, by section 15 of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).

Section 108(2B): inserted, on 1 July 2002, by section 15 of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).

Section 108(2C): inserted, on 1 July 2002, by section 15 of Te Ture Whenua Maori Amendment Act 2002 (2002 No 16).

Section 108(4): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).